Terms of Service

1. What Formgopher Does

Formgopher lets you connect a static contact form on a website to a destination email address. You create a “recipient” (a name, a destination email, and optionally a list of allowed website domains), receive an API key, and embed a snippet on the site. When a visitor submits that form, Formgopher validates the request and relays it to the configured destination email, applying whatever plan limits, CC settings, and spam handling you've configured.

Formgopher is a relay, not a form host, a CRM, or an email marketing tool. It's intended for receiving submissions from forms people fill out on your (or your client's) own website, not for sending bulk, unsolicited, or marketing email.

2. Accounts

• You must provide accurate information when creating an account and keep your login credentials secure. You're responsible for all activity under your account.
• One account may manage multiple recipients, on behalf of multiple websites or clients. You're responsible for the accuracy of the recipient information (name, destination email, allowed origins) you configure for each one.
• You must be legally able to enter into a contract to create an account.

3. Acceptable Use

You agree not to use Formgopher to:

• Send content that is illegal, fraudulent, harassing, or infringes someone else's rights.
• Use a recipient's API key to relay bulk marketing email, newsletters, or any unsolicited messaging not initiated by an individual filling out a form on your site.
• Attempt to bypass plan limits, rate limits, or spam-handling controls, or to probe, scan, or interfere with the service's infrastructure.
• Impersonate another person or organization, or misrepresent your affiliation with one.
• Configure a recipient to collect data from a website you don't own or don't have authorization to operate a contact form for.

Formgopher may suspend or terminate an account that violates this section, with or without notice, depending on severity. For the full detail on what's not allowed, see the Acceptable Use Policy, which works alongside these Terms.

4. Your Responsibility for Form Submitter Data

When a visitor to your website submits a form connected to Formgopher, you (not Formgopher) are the party with the direct relationship to that visitor. You're responsible for:

• Having your own privacy policy on your website that accurately discloses what happens to a visitor's information when they submit your form, including that it's relayed through Formgopher.
• Only collecting form fields you have a legitimate reason to collect, and complying with whatever data protection laws apply to your business and your site's visitors (e.g. GDPR, CCPA), independent of anything Formgopher does on the backend.
• The legality and accuracy of the content your form collects and submits through Formgopher.

Formgopher processes this data on your behalf to deliver it to you and maintain your submission log (see the Privacy Policy for exactly what's collected and how long it's kept). Formgopher is not a party to the relationship between you and your website's visitors, and does not independently verify the legitimacy of a submission beyond the automated checks described below.

5. Plans, Limits, and Spam Handling

• Free plan: up to 5 recipients, up to 150 delivered submissions per month combined across all recipients, no CC emails, no file attachments, no spam detection.
• Warren plan: unlimited recipients, up to 5,000 delivered submissions per month, up to 4 CC addresses per recipient, file attachments up to 5MB, and configurable spam detection (flag or block per recipient).
• All plans are subject to a rate limit (currently 20 submissions per minute per recipient key) to prevent abuse; submissions beyond it are rejected, not queued.
• On the Warren plan, submissions may be automatically flagged or blocked based on an automated spam heuristic (link count, keyword matching, and submission frequency from the same IP). This is a best-effort filter, not a guarantee: legitimate submissions may occasionally be flagged, and not every spam or abusive submission will be caught. You're responsible for reviewing flagged submissions and adjusting your spam-handling setting if it doesn't fit your form.
• Plan limits, pricing, and which features are available at which tier may change, with notice posted to the dashboard or sent to your account email before the change takes effect for existing subscriptions.

6. Fees and Billing

• The Warren plan is billed monthly or annually in advance through Stripe. By subscribing, you authorize Formgopher to charge your payment method on a recurring basis until you cancel.
• You can cancel anytime from your dashboard; cancellation takes effect at the end of your current billing period, and you retain Warren features until then.
• Payments are non-refundable for the remainder of a billing period once it's begun, including if you cancel or downgrade partway through. If you believe you were charged in error, reach out at roger@atroger.com and it'll be looked into.
• If a payment fails, the account may be downgraded to the Free plan's limits until payment succeeds.

7. Data Retention and Deletion

• Submission logs (the form data, sender IP, and delivery status Formgopher records) are automatically deleted 12 months after the submission date.
• Stored file attachments are automatically deleted 90 days after submission, regardless of plan.
• You can delete a recipient, or delete your entire account, at any time from the dashboard. Deleting your account permanently removes your recipients, submission history, and stored attachments, and cancels any active subscription.

Full detail on what's collected and why is in the Privacy Policy.

8. Service Availability

Formgopher depends on third-party infrastructure (Firebase, Resend, Stripe) to operate. Formgopher doesn't guarantee uninterrupted or error-free service, and isn't responsible for outages, delays, or failures caused by these providers or other circumstances outside its reasonable control. Formgopher shouldn't be relied on as the sole channel for time-critical or legally required communications.

9. Intellectual Property

Formgopher's branding, code, and design are proprietary. You retain all rights to the content submitted through your forms and the configuration you create (recipient names, snippets, etc.). You grant Formgopher a limited license to process that content solely to operate the service, in the manner described in the Privacy Policy.

10. Disclaimer of Warranties

Formgopher is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Formgopher doesn't warrant that email delivery will always succeed, that spam detection will catch every unwanted submission, or that the service will be uninterrupted or error-free.

11. Limitation of Liability

To the maximum extent permitted by law, Formgopher and its owner are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities (including a missed or undelivered lead), arising from your use of the service. Total liability for any claim relating to Formgopher will not exceed the amount you paid in the 12 months before the claim arose.

12. Indemnification

You agree to indemnify and hold Formgopher harmless from any claim, loss, or expense (including reasonable legal fees) arising from your use of the service in violation of these Terms, your violation of any law, or content you collect or submit through a form connected to your account.

13. Termination

You may stop using Formgopher and delete your account at any time. Formgopher may suspend or terminate your account for violating these Terms, non-payment, or if required by law. On termination, your right to use the service ends, though sections of these Terms that by their nature should survive (ownership, disclaimers, limitation of liability, indemnification) continue to apply.

14. Changes to These Terms

These Terms may be updated as Formgopher's features change. The “Last updated” date above will be updated accordingly, and for material changes, Account Holders will be notified by email before the change takes effect. Continued use of the service after a change takes effect means you accept the updated Terms.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law principles. Any dispute arising from these Terms or your use of Formgopher will be resolved in the state or federal courts located in Delaware, and you consent to their jurisdiction.

16. Contact

Questions about these Terms can be sent to roger@atroger.com.